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Apache County taxpayers will foot the bill for the Apache County Attorney’s legal issues.

APACHE COUNTY- The Apache County Board of Supervisors approved paying Calderon Law Offices for professional services and costs associated with Whiting’s legal issues, leaving the poorest county in Arizona footing the bill.

On August 19, the Apache County Board of Supervisors voted 2-1, passing the agenda item:

  1. Discussion and possible approval to retain and remunerate Calderon Law Offices for all Professional services and costs associated with the representation of the County Attorney regarding State Bar File No: 24-1574 and all subsequent file numbers and related matters. Read full Apache County agenda.

The Apache County Board consists of three members: Chairman Dr. Joe Shirley, Jr. (Democrat), District 1; Vice Chairman Alton Joe Shepherd (Democrat), District 2; and Nelson Davis (Republican), District 3.

Shirley and Shepherd voted “YES” supporting to approve the agenda item, and Davis voted “NO,’ in descent.

All three board members did not respond on record to inquiries for comment. However, a County Official spoke to Mountain Daily Star off the record and agreed to a nameless statement about the corruption occurring at Apache County by some county resources.

“This shakeup by the Arizona Attorney General needs to happen. They need to take this county apart and make sure Justice is served for the people of Apache County because they are the victims of the corruption,” said the County Official.

Mountain Daily Star contacted the Arizona State Bar about Arizona State Bar File No: 24-1574 noted on the Apache County Board of Supervisors agenda.

The Arizona State Bar representative said, “We are aware of the indictment and can confirm that we have a pending investigation.”

According to AZcourts.gov, the content of State Bar File No. 24-1574 indicates it is Attorney Discipline. “The overall purpose of this Bar File is to protect the public and the administration of Justice from attorneys who have not discharged their professional duties to their clients, the public, the legal system, and the legal profession. The professional conduct of attorneys and the discipline process is governed by Rules 41-74, Arizona Rules of the Supreme Court.”

The impoverished and underfunded county resources, such as the Apache County Sheriff’s Office and the Apache County community programs need assistance and its obvious upon first glance. Mountain Daily Star staff has witnessed the devastating generational poverty in Apache County. However, with all the poverty noted, the community pride in Apache County is something to behold.

Apache County is in Arizona’s northeast region, covering about 11,000 square miles in a long rectangle running north and south. As of July 1, 2023, the county’s population was estimated to be 66,922.

“Impoverished Places in America” rank Apache County as the poorest county in Arizona. 60% of people in Apache County make less than 200% of the federal poverty limit, which means that a family of four earns less than $55,500 a year. More than 70% of the county’s population is made up of Native Americans.

“The corruption in rural Apache County directly affects the innocent, impoverished residents and county resources trying to make a better life,” said Apache County Resident Mellissa Smith.

“With little access to services – transport, hospitals, schools, even mobile phone coverage or broadband it’s inconceivable why any elected official would use taxpayers’ money to pay for anything other than services for the people,” continued Smith.

Whiting has been the Apache County Attorney since he was elected in 2008. He has not had a challenger in previous elections, including the July 30th primary.

Trouble for Whiting with the Arizona State Bar began in 2011.

In June 2011, Whiting and attorney Martin Brannan from Lake Havasu City violated ER 4.2, Rule 42, Ariz. R. Sup.Ct., when they authorized investigators from the Apache County Attorney’s Office to communicate a pending plea agreement to a represented criminal defendant outside the presence of his counsel. Mr. Whiting’s subsequent statements about the judge who dismissed the underlying matter also violated Rule 41(c), Ariz. R. Sup. Ct. Messrs. Whiting and Brannan received reprimands for their conduct.

On June 4, warrants were issued by the Arizona Attorney General Kris Mayes to search Whiting’s Apache County Attorney’s office and residence. 

On August 20, 2024, Arizona Attorney General Kris Mayes, indicted Whiting and his wife Joyclynn “Joy” Whiting, the county’s school superintendent. Charges include misusing public funds, theft, and altering public records. The charges are felony and misdemeanor counts. Daryl Greer, an employee working directly for Whiting, was also indicted and received two misdemeanor and felony counts.

Apache County’s forgotten rural impoverished residents and county resources need help, and it seems the Arizona Attorney General’s Office is finally going to give it to them.

AZ Attorney General Kris Mayes wrote on X, “These are serious allegations, and my office is committed to ensuring a thorough and fair legal process as we pursue justice for the people of Apache County.”

Contributing Journalist: Kate Angelos

Date:

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